If defendant has, court looks at the four risk factors
1. Likelihood of harm - Bolton V Stone (1951) (Cricket club, likelihood of harm to public was too small, thus had not fallen below the standard of care.
2. Seriousness of injury - Paris V Stepney Borough Council (1951) (Lost his good eye, the seriousness of the injury was great and could have been worse so therefore they had fallen below the standard of care.
3. Cost and practicality - Latimer V AEC Ltd (1953) (sawdust on wet floor, the cost and practicality of the precautions was enough. Therefore, did not fall below the standard of care).
4. Social utility Act - Watt V Hertforshire County Council (1954) (fireman not securing jack on way to save a woman, social utility act outweighed the risk of not securing the jack, therefore, did not fall below the standard of care.
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